The Fourth District holds that an unqualified Welfare and Institutions Code section 782 dismissal encompasses the underlying findings, satisfying section 786(d)’s "dismissed" condition for sealing serious juvenile offense records — but the firearm restriction survives.
Fourth District holds that a breaching trustee’s inability to pay is not a defense to Probate Code section 859’s mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.
Fourth District holds that a voluntary declaration of parentage is void where the birth mother had attempted to marry another man in apparent compliance with the law, making him a presumed parent under Family Code section 7611(b).
Fourth District grants Penal Code section 1473.7 relief where defense counsel failed to recognize and pursue an immigration-safe plea after Sessions v. Dimaya and United States v. Lynch opened the door to one.
Fourth District holds that Penal Code section 29820’s firearm prohibition for certain juvenile wards until age 30 is facially constitutional under both the Second Amendment Bruen framework and the Due Process Clause.
Fourth District holds that a guarantor’s procedural dismissal of an arbitration confirmation petition for lack of personal jurisdiction did not make him the prevailing party on the contract for attorney fees but did entitle him to costs.
Fourth District holds that the State Fund rule applies when a law firm receives privileged emails that a former executive improperly took from the company, and reverses the trial court’s denial of disqualification motions.
Fourth District holds that the Royal Globe joinder rule does not bar an additional insured city from suing both its contractor’s insurer and the contractor in the same action arising from a fatal pedestrian accident.
Fourth District holds that police violated the Fourth Amendment by ordering a man out of a residence at gunpoint without a warrant or probable cause and rejects the contrary 1985 Trudell decision.
Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.